Misrepresents Research Findings by Distorting Data
AB 1576 is based on distorted information. While Isadore Hall and his supporters mislead the public by pointing to data showing five documented HIV transmissions in 2013 among individuals who have acted in adult films, effectively misrepresenting correlation as causation, the Los Angeles Department of Public Health, in fact, drew no conclusive link between HIV and adult film production in 2013, and notes that such connections are difficult to determine.
Opposed by Performers
The adult ﬁlm industry already has a comprehensive testing protocol to protect workers. In addition to the low rate of STI transmission, there has been no transmission of HIV on a regulated adult set nationwide in 10 years.
Weakens HIV Test Quality
The industry’s own current protocols for testing are more rigorous than those of the CDC or Department of Public Health Standards. AB 1576 requires only the less-accurate “rapid HIV antibody” test (with a window period of approximately 812 weeks between infection and detectability), whereas all major producers now use the gold standard “HIV viral load” method (with a window of 7-10 days). Most adult ﬁlm producers already require full-panel STI testing no earlier than 14 days prior to any sexual shoot.
Creates Privacy and Liability Risks
AB1576 threatens performer privacy and increases liability. Producers will be required to receive STI tests from performers and disclose details to the Department of Industrial Relations. This means performers will be forced to waive their privacy rights in order to work. This not only compromises performer privacy, but also imposes significant increased liability in case of an unforeseen information breach.
Ends Freedom of Choice
AB 1576 would even requires condoms and testing for married, monogamous performers who shoot exclusively with each other. Performers, like all citizens of a democratic society, should keep their right to decide for their own bodies.
Costs California Jobs and Revenue
With an effective date of January 1, 2015, AB 1576 will drive the adult ﬁlm industry out of California and take tens of thousands of jobs with it. The threat to leave CA is real. Kink.com, for example, has already committed to contingency plans to move most of its production to Las Vegas if AB 1576 passes. Since Measure B passed, adult ﬁlming has ﬂed LA County, with a 95% reduction reported through FilmLA. Some producers have already moved out of California, while others await the result of the legal challenge and word on AB 1576. Furthermore, the shift in skilled editors, crews, and fully-equipped studios just across the border will make ﬁlming in more business-friendly Nevada an even more viable and attractive alternative for main-stream “Hollywood” ﬁlm producers.
Reduces Legitimacy and Safety
AB 1576 will push many adult productions underground. Smaller producers that can’t afford to move will go underground, eliminating the security and silencing the openness that adult performers are afforded from working in a legal, transparent industry.
Wastes Public Funds
In a time of ﬁnancial crisis in California, it is diffcult to justify the hundreds of thousands of dollars that would be required for the state to defend an appeal of the law and continuously monitor, enforce, and prosecute the elements of AB 1576. These costs do not even consider the lost jobs and revenue of productions leaving the state en masse. HIV funding in CA has already been signiﬁcantly reduced. Diverting valuable dollars from existing programs to this program will only hurt those already infected with HIV and will reduce the resources to prevent others from contracting the disease.